Black Horse Hp Agreement Problems

[berry-wright]

Hi

 

I got a car from Car Craft West Mids and the finance is with Black Horse. The agreement I signed and have a copy of states that the goods were £13249, I paid £2000 towards that making left £11249. On the agreement I have fees of £3888.80. If you add that to the £11249 totals £15137.80, but on the paper work I have its says £17137.80 and to figures of APR.

 

I took out the agreement in September 2008, then in Feb 2009 I was faced with possible redundancy. In the agreement there wasn't anything to say about what to do if financial difficulties arise while on the agreement other than the 8,3 CLAUSE of the additional fees added of £30 per calander month for partial or missed payments. I was told by a female advisor that I had to make 5 consecutive payments of £325 before any changes to the agreement could be discussed or made. I did explain that it didn't say that on my agreement. The advisor said the 'IN-HOUSE TERMS & CONDITONS AGREEMENT' was different to the copy customers/consumers had and that she had to go by her agreement.

 

I did explain again to the advisor and offered money towards monthly payments, but I ended up having LATE PAYMENT charges and EXTRA INTEREST charged to the agreement which isn't mentioned in the agreement I signed nor 8.3 Clause. It wasn't until July 2009 and with help from Money Worries that Black Horse offered in writing reduced payments from July 2009 until December 2009. I thought 'YES' relief and breathing space for abit, until the Collections Dept started calling, writing and personally calling at my address for only part payments during these months. I sent them a copy of the reduced payment letter and they said its not right HP Agreements can't be reduced but as it was on letter headed BH paper and signed there wasn't anything they could do.

 

I called BH for a financial update on my account on 25th May 2010. I was informed that the amount owed was £13,224.41 plus ARREARS £1216.78. BH comfirmed I had already paid £6400 and it would take another 3312.98 plus Arrears to hand the car back Voluntarily. However in my agreement under TERMINATION: YOUR RIGHTS- it states that I would have to pay half £8568.90 to hand back the car Vol without penalty & REPOSSESSION:YOUR RIGHTS £5712.60.

 

With those figures I make it a difference of £2168.90 where as BH make it a further £1144.08 on top of that with the figures they gave me on the 25th May 2010. Also I can't understand why the Arrears are so high esp if you take £30 x 18 months is only £540. I have put all this in writing to BH and are awaiting there reply.

 

On the 26th May they put together a letter saying that they wanted to take back the car as no payment had been made for more than 3 months, but I have a BH paying in book with payments being made every month in 2010 and having it stamped by the bank. Is anyone else having problems with BH and how can I resolve this???

 

Berry-Wright

[dx100uk]

utter bull most of what they are saying

sadly they are getting a name for fleecing customers blind.

 

it appears your agreement might well be fatally flawed and totally unenforceable.

 

certainly the 'late payment chrges and extra interest' ARE and you can reclaim the whole lot + intererst.

 

however.

 

DON'T do anything rash, you might be in for a windfall ....

 

can you scan up the agreement please

remove ALL personal info but leave the figures

 

once you have scanned it and blanked it....

 

pop on to one of the many free website that convert files to PDF format.

save it to your desktop

then come here

start a new msg

and click the go advanced button below these msg boxes

hit manage attachments

then find and upload your agreement

 

dx

[Conniff]

You should do a cca request especially as you have your copy of the agreement. It will cost you £1 and you can scrutinise what they send with what you already have.

There are a couple of athreads on here where the agreement sent is completely different to what the customer signed.

 

Don't admit to them again that you still have your copy of the agreement.

[berry-wright]

Hi guys thanks for your advise. I don't have a printer/scanner at home so I will have to do that at work next wk. I have had another indepth look at the figures on the agreement i signed at there are £9292 worth of Hire Purchase fees & extra insurances I'm not aware off, nor did I ask for. The final blow is that BH haven't taken my £2000 deposit into account and have added to the TOTAL AMOUNT PAYABLE BACK!!! Cheek. I'm now in the process of looking for a solicitor as when you take out the £9292, the deposit and what i've paid £6400, BH actually owe me £550 in refund and the balance closed.

[dx100uk]

i bet its a whole lot more than that if you take into account 8% stat and any other interest you are entitled to and that can be compounded as well

 

i'd get postggj to look at this for you.

 

rather than pay a solicitor

 

dx

[berry-wright]

Thanks dx100uk I will have a look for his profile on this website and send him a private message.

 

Berry-Wright

[dx100uk]

he'll like this one if all you've said is correct

i should think you are in for a windfall

 

dx

[berry-wright]

To me yes the money would be great but its the principal of it & how HP agreements are put together. I have 2 different APR's. When you take off the deposit and divide the rest over 60 months thats only £252.88pcm where as i'm ment to pay £300 pcm. But in the past with other HP agreements this is the only 1 where the sums don't add up. Ive never know nor paid HIRE PURCHASE FEES of £3878.80 before.

[postggj]

right then welcome to cag

 

got your message

 

first of all can you post up your agreement

 

deleate personal info but leave in the figures

 

to post, google photo bucket

 

any probs ill send my email address and ill post the agreement for you

[berry-wright]

Hi uploading the agreement now as a jpeg photo which you can blow up when you open it.

 

Actually it wont let me upload this way, please may I have your e-mail address PostGGJ

 

Thanks

 

Berry-Wright

[crem]

Hi

 

I got a car from Car Craft West Mids and the finance is with Black Horse. The agreement I signed and have a copy of states that the goods were £13249, I paid £2000 towards that making left £11249. On the agreement I have fees of £3888.80. If you add that to the £11249 totals £15137.80, but on the paper work I have its says £17137.80 and to figures of APR.

 

 

The figure of 17,137 is correct on the paperwork. This figure is the absolute total figure and includes the initial value of the car, all interest charges and any deposit you have paid. It is this figure that is then used to calculate the 1/3rd payment level, (after which they need a court order to repossess the car) and the 50% value at which level you can VT the agreement, hand the car back and have nothing more to pay.

 

So in this instance the 50% is 8,658.90. You can achieve this value by starting with your deposit and adding in any monthly payments already made. You say you have paid 6,400 so far. Is that standard monthly payments or does it include late payment penalties? Either way, your total payment is what you have paid in monthly payments, plus the 2,000 deposit minus additional fees for late payment. i.e. 8,400 - penalties fees. I'd be surprised if this doesn't still leave the paid value in excess of 8,000. On that basis you would only have to pay them another £658 to meet the 50% value.

[postggj]

pm sent

[postggj]

hi berry

 

THESE FIGURES DO NOT ADD UP

 

ime still trying to decode

 

what other insurance did you have besides ppi

 

i have ppi at £1520

 

then i have other insurance @ £1795 what insurances

 

the other insurance is not listed???????

Edited June 6, 2010 by postggj

[berry-wright]

Postggj

 

PM sent to your hotmail

[postggj]

i need to know what the other insurance products are, PLEASE LIST THEM AND COST

 

DO YOU HAVE ANY POLICY DOCS OR A DOCUMENT CALLED STATEMENT OF PRICE

 

PM ME IF NEEDED

 

POSTGGJ

[berry-wright]

Hi Postggj

 

 

had a reply from Black Horse today and its even more puzzling to me than before. They are denying that I contacted them on the 25th May and that the figures I put in my letters regarding how much I had paid so far was made up. But how can I make up a figure like that which is so ROUND UP. On the agreement I sent you, what was the TOTAL Amount payable inc Interest?, I just want to see if it matches what they put in their letter today.

 

Many Thanks

 

Berry-Wright